8 of 11 proposed Florida amendments defeated

Posted: November 7, 2012 - 8:34am

TALLAHASSEE (AP) — Measures that would have offered expansive property tax relief, set new limits on abortion rights and repealed Florida's ban on public funding for churches and other religious organizations were among eight of 11 proposed state constitutional amendments that fell short of the required 60 percent approval Tuesday.

Other high-profile proposals that would have capped the growth of state revenue and give the Legislature greater control over Florida's court system also missed the mark.

So did another proposal that would have prohibited the state from requiring people to obtain health insurance. It wouldn't affect a similar federal mandate that's part of President Barack Obama's health care overhaul, which has been upheld by the U.S. Supreme Court, but Amendment 1's Republican supporters said it gave voters a chance to express their opposition to Obama's plan. The proposal, though, was favor by less than 49 percent of voters with most ballots counted.

The only amendments topping 60 percent — with 5 percent of the precincts yet to report — targeted property tax relief to low-income seniors, disabled veterans and spouses of military deceased military personnel and first responders. Each was barely above the 60-percent level.

All of the amendments were placed on the ballot by the Republican-controlled Legislature. Most would have advanced the GOP's low-tax, small government agenda. The amendments were numbered 1 through 12, but there was no Amendment 7.

One of the most hotly contested measures was Amendment 4, which had 43 percent in favor. It offered property tax reductions for businesses, out-of-state "snowbirds" and others who own second homes in Florida and first-time home buyers.

The proposal also would have let the Legislature undo a quirk that increases homeowners' tax bills if their property value goes down under the existing Save Our Homes constitutional provision. Save Our Homes otherwise caps annual assessment increases at 3 percent for primary homes, known as homesteads.

Amendment 4 was backed by the Florida Association of Realtors and other business interests as a way to boost the state's sagging economy. It was opposed by local government officials and liberal-leaning groups that argued it would further cut cash-strapped public services and raise taxes for primary homeowners to make up for benefits going to other taxpayers.

"The defeat of Amendment 4 signals the emergence of a new majority in Florida, representative of both political parties, dedicated to the protection of the principles of local control," said Florida League of Cities President and Sweetwater Mayor Manny Marono.

The vote was 44 percent for Amendment 8, which would have repealed the public funding ban for religious organizations, including parochial schools. Courts, though, have permitted such spending for programs that are free of proselytizing,

Instead, the amendment would have prohibited the state and local governments from barring people from participating in public programs if they chose to receive those services through religious organizations.

The Roman Catholic Church was one of the leading supporters of Amendment 8. It drew opposition from the Florida Education Association, which is the statewide teachers union, and other public school supporters as well as advocates of church-state separation.

Supporters said it would have advanced religious freedom. Opponents argued it would have done just the opposite and lifted a potential legal barrier to new voucher programs that let students attend private schools at taxpayer expense.

American Civil Liberties Union of Florida executive director Howard Simon said Amendment 8's defeat means the Florida Constitution "will continue to protect us against the dangerous entanglement of government and religion that comes with taxpayer funding of religion."

Also trailing with a 45 percent favorable vote was Amendment 6, which would have prohibited public funding of abortions — something the state doesn't do anyway. It also would have excluded abortion from privacy rights protected by the Florida Constitution, which are stronger than those in the U.S. Constitution. It's seen by supporters and opponents alike as a step toward requiring minors to get parental consent for abortions.

The vote for the state revenue limit, Amendment 3, was 42 percent in favor. With allowances for growth in population and cost of living, the proposal was based on a similar provision in Colorado that a laundry list of critics, ranging from AARP to public employee unions, said is a proven failure.

The Colorado cap was suspended after sharp spending cuts for education and other public services. Supporters said Florida's version had safeguards against what happened in Colorado such as allowing the Legislature to override the cap with a two-thirds vote in each chamber.

"The voters recognized that Amendment 3 was a chocolate-covered lemon that would have unnecessarily compounded difficulties for Florida in the future," said Jack McRay, advocacy manager for AARP Florida.

Amendment 5, which would have let the Senate confirm Supreme Court justices appointed by the governor and make it easier for the Legislature to veto court rules, had only 37 percent in favor. The legal community was solidly against what critics called a power grab and threat to the judiciary's independence. GOP lawmakers contended it would make the courts more accountable.

Also well below 60 percent were Amendment 12, which would have made a procedural change in the selection of the student member of the Board of Governors from among student body presidents at Florida's 12 public universities, and Amendment 10, which would have cut taxes that businesses pay on furniture, equipment and other tangible personal property.

The amendments getting more than 60-percent support:

— Amendment 2 would expand a property tax break to all disabled veterans, not just those who lived in Florida when they enlisted.

— Amendment 9 would let the Legislature give property tax exemptions to spouses of service members and civilian first-responders who die in the line of duty.

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I'm with you - but with just an element of guilt. Although I voted 'no' on all, I really struggled with those amendments that made it. My empathy button was on full tilt - I have a soft spot for low income seniors and first responders - and felt that at some point they needed a break - but thought it should have a provisional clause for the amendments to kick in after the economy is fully recovered.

I am right there with you barbhr3, voted no on all but agree on the ones that made it. Was conflicted on those.
But I voted no on those as well for one reason.
None of the amendments needed to be proposed as amendments, but could have been passed as laws, reviewable by the courts.
Seems the legislature was trying to exclude the courts from the process. Not a good thing.
Seems we have many members of government that don't like to play by democracy's rules.